Amos Bamgboye & Ors. V. Raimi Olarewaju (1991)

LawGlobal-Hub Lead Judgment Report

M. A. BELGORE, J.S.C. 

The plaintiff, Raimi Olanrewaju, was before the High Court of Kwara sitting at Ilorin, claiming from the defendants (now appellants) as follows:

(i) “a declaration that the plaintiff is the rightful successor to the late Odofin Aran, Chief Salawu Adefila

(ii) a declaration that it is not yet the turn of the first defendant’s branch to produce an Odofin Aran on the demise of the late Odofin Aran, Chief Salawu Adefila.

(iii) a declaration that the purported nomination of the first defendant by the second and third defendants is null and void and of no effect whatsoever and

(iv) a perpetual injunction prohibiting the first defendant from parading himself or acting as the new Odofin Aran in succession to the late Chief Salawu Adefila.”

The Odofin Aran, the title that allegedly ranks next to that of Head Chief of Omu Aran, The Olomu, died and a new one had to be appointed. At a meeting presided over by the Chief Bello Olori Okesan, one Alhaji Salami Dogo Baba Isale the sectional head of Okesan Odosare, the Adure was asked to bring a successor to the Odofin. According to the plaintiff the second defendant, Chief Abidoye Aniyiloro Edemo, without the permission or consent of Okesan family, which to him is the same as Okesan Odosare Ile Adure section, whose turn it was to present a new Odofin, took the first defendant, Amos Bamigboye to the third defendant, Chief Abidoye Aniyiloro Edemo as the new Odofin Aran.

The plaintiff contends that three sections of Okesan family exist, namely (i) Okesan Odosare Ile Adure, (ii) Okesan Ile Odun and (iii) Okesan Ileti. The first defendant, says the plaintiff is from Okesan Ile Odun while he is from Okesan Odosare Ile Adure and the late Odofin, Chief Salawu Adefila came from Okesan Ileti. The plaintiff contends that the appointment was rotated between these three branches and that his own branch, Okesan Odosare Ile Adure, was to produce the present Odofin. He gave a breakdown of the nomination procedure to be followed by Okesan family before the Odofin elect would be presented to the Olomu of Omu-Aran for installation.

As against the aforementioned averments, the defendants threw a new light on the matter in their statement of defence. They averred that Odofin title of Omu Aran is exclusive to two compounds of that town, to wit, Ile Odun and ile Okankan. It was admitted there is Okesan family of Omu-Aran comprising of Ile Odun, Ile Okankan, Odosare and Ileti as averred in the statement of claim. The list of Odofin since the existence of Omu-Aran was given, the last one, Odofin Salawu Adefila, being the twelfth. All the previous Odofins before Adefila were from either Ile Odun or Ile Okankan; but Adefila came from Ileti, an unusual departure from custom. The reason was given in paragraphs 5 and 6 of the Statement of Defence as follows:

“After the reign of Awofaran Ariwajoye (No. 10 above) it was the turn of Ile Odun to present an Odofin but because the reigning Alaran was from Ile Odun it was thought unreasonable to concentrate the two highest chieftaincy office in one family at the same time hence there was a compromise to allow an Odofin from Ile Okankan.

The instalment of Adefila from Ileti compound of Omu-Aran was an emergency measure to solve a crisis situation. The decision became a regrettable one as the rightful family never condoned the act and worst still the Odofin installed spent half of his reign bed-ridden.”

The Odofin is the next chief in rank to Olomu of Omu-Aran and thus it accords with common sense that once reigning Olamu comes from any of the two compounds producing Odofin the next Odofin should be appointed from the other family. The appointment of the last Odofin, according to the defendants, was dictated by special circumstance in that the incumbent Olamu of Omu-Aran came from one of the compounds, the Odofin could come from Ileti, an affiliated compound of the Okankan. So on record, according to the defendants, there have been twelve Odofins since the existence of Omu-Aran – first, second, fourth, sixth, seventh, and nineth from Ile Odun; third, fifth, eighth and eleventh from lie Okankan. Only the twelfth came from Ileti as explained earlier.

The statement of defence prompted a reply by the plaintiff whereby it was averred that only Ile Adure, Ile Odun and Ileti could produce an Odofin, and that throughout the history of Omu-Ara, only three Odofins existed – Odofin Olode Okuta of Ile Adure Odusare, Odofin Moronfoye of Ile Odun and Odofin Adefila of Ileti. It is to be observed that Omu Aran was settled by the people from the neighbouring Aran Towns to wit Arandun, Ara-Orun and Ara Ward now merged with Omu Aran Town. These were the conflicts between the parties and their respective evidence flowed along their pleadings. It is to be noted that both parties pleaded the normal procedure for appointment of Odofin.

Learned trial Judge, after reviewing all the evidence before him found as follows: